ALWAYS WAS ALWAYS WILL BE KOORI CHILDREN

Appendix 7: Bringing them
home Scorecard
The latest NSDC Bringing them home: Scorecard
report 2015, 167 states that the implementation of the
recommendations remains:
‘fundamental to the resolution of other unfinished
business between Aboriginal and Torres Strait Islander
peoples and other Australians’ [and failing to do so] ‘not
only fails the Stolen Generations but also the current
generations of Aboriginal and Torres Strait Islander
children…and the achievement of the long cherished
national ideal of equality and opportunity for all’. 168
The NSDC reports that only partial steps have been taken
towards reparation and that there has been a ‘failure
to implement human rights based frameworks for the
protection of Aboriginal and Torres Strait Islander children
based on the principle of self-determination’. 169 Specifically,
the NSDC recommends that governments and policymakers
urgently develop a comprehensive bipartisan national
strategy to both implement outstanding Bringing them home
recommendations and simultaneously devise a framework
for monitoring, evaluation and review of the implementation
of the recommendations.
Of the recommendations relating to the current generation
of Aboriginal children, two have been implemented:
••
Recommendation 44 – The creation of minimum national
standards of treatment for all Indigenous children. This
has been achieved through the National framework for
protecting Australia’s children 2009–2020. 170
••
Recommendation 54 – Amendments to the Family
Law Act 1975 introduced in 2006 recognised and
specified that Aboriginal and Torres Strait Islander
children have the right to enjoy their respective cultures;
to maintain their connection to culture in a manner that
is promoted, supported and consistent with the child’s
age and development.
Progress on the other recommendations specific to the
current generation of Aboriginal children has been assessed
by the NSDC as being poor, with a ‘fail’ recorded against
many of the indicators. Of relevance to this Inquiry are the
following Bringing them home recommendations that have
not been fully implemented:
••
Recommendations 45a and 45b – National standards
for Indigenous children under state, territory or shared
jurisdiction. NSDC cites funding cuts by government to
key peak advisory bodies and agencies that have input
to and oversight of standards as being a threat to the
efficacy of this recommendation.
••
Recommendations 46a and 46b – Best interests of the
child – factors. The NSDC found that while there are
standards established to maintain Aboriginal children
with family, community and culture, that in practice
Aboriginal children are still being removed from their
Indigenous families and communities, and are more likely
to be in out-of-home care than non-Aboriginal children.
••
Recommendation 47 – When best interests are paramount.
The NSDC has assessed poor progress on this indicator
as linked to the high rates of Aboriginal children in the
child protection system.
••
Recommendation 48 – When other factors apply. The
NSDC has assessed poor progress on this indicator
as linked to the high rates of Aboriginal children in the
child protection and juvenile justice systems.
••
Recommendation 49 – Involvement of accredited
Indigenous organisations in decision-making and
consultation. The NSDC has assessed poor progress
on this indicator as linked to the high rates of Aboriginal
children in the child protection system.
••
Recommendation 50 – Judicial decision-making. The
NSDC has assessed poor progress on this indicator as
linked to the high rates of Aboriginal children in the child
protection system.
••
Recommendation 51 – Indigenous child placement
principle. While all jurisdictions recognise this principle,
in practice there are concerns that compliance is not
measured adequately.
••
Recommendation 52 – Adoption as a last resort. The
NSDC reports that many jurisdictions in Australia provide
no legal representation to parents to exercise their legal
rights to appeal a proposed adoption or to fully understand
the ramifications of making an adoption order.
• • Recommendations 53a and 53b – Juvenile justice.
Australia-wide, Aboriginal children are 31 times more
likely to be incarcerated, according to the NSDC.
167 Rule, J and Rice, E Bringing them home: Scorecard report 2015.
168 Ibid.
169 Ibid.
170 Commonwealth of Australia, Protecting children is everyone’s business:
National framework for protecting Australia’s children 2009–2020,
Supporting outcome 5: Indigenous children are supported and safe
in their families and communities.
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